SEBA SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The order dated 05.02.2014 passed by the learned Additional Sessions Judge, Cachar, Silchar in connection with Sessions Case No. 125/2012, issuing summons to the petitioner to appear before the Court and to face trial in connection with the above mentioned case along with the co-accused as provided under Section 319 Cr.P.C. is the subject matter of challenge in this revision.

(2.) The factual backgrounds of the case in brief are that on the intervening night of 01.05.2007, the petitioner Seba Singh, who at the relevant time was in-Charge of Bihara Police Outpost, accompanied by some other police personnel of the said police station raided the house of the informant, armed with fire arms. Seeing the police personnel the son of the informant Hasmat Ali tried to run away but the police personnel also chased him. One of the armed constable, namely, Tapan Hazarika opened fire which resulted in the death of Hasmat Ali. The injured Hasmat Ali was taken to the police station in the police vehicle without informing his family members and only on the next day, they came to know about his death. Postmortem was conducted on the dead body which confirmed death of the deceased due to bullet injuries.

(3.) Written complaint regarding the incident was lodged by Imam Uddin before the learned Chief Judicial Magistrate, Cachar, Silchar which was forwarded to police for investigation. Accordingly, Katigorah P.S. Case No. 221/2007 was registered under Sections 302/34 of the IPC and after completion of investigation Charge-Sheet was submitted only against the accused Tapan Hazarika. The petitioner Seba Singh who led the police party on that night and although his name has been mentioned in the FIR was not charge-sheeted and his name shown in Column-3 of the Charge-Sheet as not sent up for trial.